hr-leave-of-absence

> **Templates only - not employment-law advice.** Leave eligibility math is unforgiving - denied leave that should have been granted is actionable. Have HR counsel review eligibility decisions and any denial. # HR - Leave of Absence Analyze leave eligibility, document the request and response, and plan return-to-work for FMLA / state PFML / personal / medical leave. ## Pre-flight (REQUIRED) 1. **Employee name, role, state of employment, country, hire date, hours worked in last 12 months** 2. **Total headcount within 75 miles of work site** (FMLA threshold) 3. **Leave type requested**: own serious health condition / family member care / bonding (parental) / qualifying military exigency / military caregiver / pregnancy disability / personal 4. **Expected duration** and **start date** 5. **Whether leave is intermittent / reduced-schedule / continuous** 6. **Prior leave used in same 12-month period** 7. **State of employment** - state PFML or state FMLA-equivalent may apply even when federal FMLA does not, AND vice versa (run BOTH) ## Federal FMLA (1993) - quick reference - **Employer eligibility**: 50+ employees within 75-mile radius of the worksite - **Employee eligibility**: 12 months of service (not necessarily consecutive) AND 1,250 hours worked in past 12 months - **Entitlement**: 12 weeks unpaid, job-protected per 12-month period (26 weeks for military caregiver) - **Qualifying reasons**: - Own serious health condition - Care for spouse, child (under 18 or adult disabled), or parent with serious health condition - Bonding with new child (birth, adoption, foster) within 12 months - Qualifying military exigency - Care for covered service member with serious injury or illness (26 weeks) - **Pay**: unpaid (employee may use PTO concurrently if employer policy allows) - **Health insurance continuation**: maintain group health benefits as if active - **Reinstatement**: same or equivalent position - **Notice**: employee 30 days advance for foreseeable; "as soon as practicable" otherwise. Employer must provide rights and responsibilities notice within 5 business days of becoming aware of qualifying reason. - **Certification**: employer may require medical certification (limited scope) within 15 calendar days ## State PFML / FMLA-equivalent - quick reference (partial; verify state) | State | Statute | EE eligibility | Threshold | Duration | Pay | |-------|---------|----------------|-----------|----------|-----| | **CA** | CFRA + PFL | 12 mo / 1,250 hrs | 5+ EE (CFRA) | 12 wks CFRA + PDL up to 4 mo + PFL pays 60-70% wages 8 wks | Partial wage replacement (PFL) | | **NY** | NY PFL | 26 wks at 20+hrs/wk OR 175 days at <20hrs/wk | 1+ EE | 12 wks | 67% of avg weekly wage, capped | | **NJ** | NJ FLI | 20 weeks earnings | All employers | 12 wks | 85% wage replacement, capped | | **MA** | MA PFML | $5,400 in last 4 quarters | All employers (1+ EE) | 12 wks family / 20 wks own / 26 wks military caregiver | 80% lower wage tier, lower for higher | | **WA** | WA PFML | 820 hrs prior 4 quarters | All employers | 12 wks family + 12 wks own (16 max combined) | Up to 90% of weekly wage, capped | | **CT** | CT PFMLA | 3 mo + state-set wages | All employers | 12 wks | 95% lower-tier; 60% upper-tier; capped | | **CO** | CO FAMLI | 180 days + state-set wages | All employers (private 9+ for employer share) | 12 wks | 90% lower; declining tier | | **OR** | OR PFMLI | $1,000 prior year | 25+ EE | 12 wks | 100% lower; capped | | **RI** | RI TCI | $14,700 base period | All | 7 wks | ~60% wage replacement | | **DC** | DC PFL | 50% of work in DC | All employers | 12 wks parental, 12 medical, 12 family, 2 prenatal | ~90% lower; capped | | **DE / MD / MN / ME** | FAMLI / PFMLI variants | (rolling 2026 effective dates) | Verify | Verify | Verify | **Key**: state PFML is generally **wage-replacement** (state-administered), federal FMLA is **unpaid + job-protected**. They run concurrently where applicable. Some state laws also provide job protection separate from PFML (CA CFRA, NY PFL). ## Eligibility analysis output ```markdown ## Leave Eligibility Analysis **Employee:** [Name] | **State:** [State] | **Hire date:** [Date] | **Hours last 12 mo:** [X] **Headcount within 75 mi:** [X] | **Leave reason:** [Type] | **Requested start:** [Date] | **Duration:** [X wks] ### Federal FMLA - Employer eligible (50+ within 75 mi)? [Y/N] - Employee eligible (12 mo + 1,250 hrs)? [Y/N] - Qualifying reason? [Y/N - which] - Available balance in 12-mo period: [X weeks] - **FMLA decision:** [Eligible / Not eligible - reason] ### State PFML / state FMLA-equivalent - State law: [CFRA / NY PFL / etc.] - Employer eligible? [Y/N] - Employee eligible? [Y/N] - Qualifying reason? [Y/N] - Available balance: [X] - Wage replacement: [%, source - state agency vs employer] - **State leave decision:** [Eligible / Not eligible - reason] ### Concurrent vs sequential - Federal FMLA + state runs concurrently where both apply (default) - State-only entitlements that don't have FMLA equivalent (e.g., CA PDL) may run sequential ### Other applicable leaves - Pregnancy: PWFA accommodation may apply alongside or instead of leave - ADA: leave may be reasonable accommodation if condition is a disability - Workers' comp: separate framework if work-related injury - USERRA: military leave separate - Personal/unpaid: company policy ### Total leave entitlement - [X] weeks across [federal FMLA + state PFML + state PDL + other] - Estimated wage replacement: [$X / %] - Job protection: [Y, by what statutes] - Health insurance continuation: [Y, terms] ``` ## Output - Leave request response letter ```markdown [Date] [Employee Name] Dear [Employee], Thank you for your leave request received on [Date]. Based on our review: **Eligibility decision**: [Approved / Approved-conditional / Denied] **Statutes applied**: - Federal FMLA: [eligible - X weeks] / [not eligible because Y] - [State PFML]: [eligible - X weeks at Y% wage replacement] / [not eligible because Z] - [Other applicable: PDL, USERRA, ADA, company personal] **Leave dates**: - Start: [Date] - Expected return: [Date] - Type: [Continuous / Intermittent / Reduced schedule] **Pay during leave**: - Federal FMLA: unpaid; you may use accrued [PTO/sick/vacation] concurrently per company policy - State PFML wage replacement: file with [state agency] - we will coordinate; estimated [%] **Health insurance**: Your group health coverage continues as if you were actively at work. You remain responsible for the employee portion of premium ($[X]/[period]); we will coordinate with payroll for [direct billing / payroll deduction on return]. **Other benefits**: [401(k) contributions during paid portion; equity vesting per Plan; PTO accrual per policy] **Certification**: [If required] Please return medical certification (form attached) within 15 calendar days. Scope is limited to confirming the qualifying condition and need for leave. **Return to work**: - Notify HR at least [3 / 5 / 10] business days before return so we can coordinate. - Fitness-for-duty certification: [required / not required] for return from own-condition leave (must be required uniformly). - We will reinstate you to your same or equivalent position. **Anti-retaliation**: This leave is protected; retaliation is prohibited. **Questions**: [HR contact + state agency portal for PFML]. Sincerely, [HR Lead] --- Attachments: medical certification form (if applicable), state PFML claim packet, benefits-during-leave summary. ``` ## Intermittent-leave tracking When leave is intermittent or reduced-schedule: ```markdown ## Intermittent Leave Tracker - [Employee] | Date | Hours/Days Used | FMLA Bucket | State Bucket | Cumulative | Notes | |------|-----------------|-------------|--------------|------------|-------| | [Date] | [X hrs] | [used] | [used] | [running total] | [reason / certification ref] | Reset date: [12-month period start]. Rolling backward / calendar / fiscal - match policy. ``` ## Return-to-work plan ```markdown ## Return-to-Work Plan - [Employee] **Last day of leave:** [Date] | **Return date:** [Date] - Reinstatement role: same / equivalent - [Title] - Schedule: [Standard / phased return] - Accommodations on return: [If any from interactive process - see /hr accommodation-request] - Fitness-for-duty certification received: [Y/N - if required uniformly] - Manager 1:1 scheduled: [Date] - Re-onboarding tasks: [tools, project briefings, key meetings] - Lactation accommodation (if applicable per PUMP Act + state): [private space, break time] - Performance: leave is not factored into performance evaluation ``` ## Common pitfalls - **Counting only federal FMLA** - many states are stricter (CA CFRA 5+ EE, NY PFL 1+ EE) - **Denying state-only leave** because federal doesn't apply - **Asking for diagnosis** - certification scope is limited - **Charging fitness-for-duty selectively** - must be required uniformly - **Counting leave against attendance / performance** - interference + retaliation risk - **Not maintaining health insurance** during FMLA/state PFML - **Failure to provide rights-and-responsibilities notice** within 5 business days ## Output Path Save the analysis to a dated Markdown file in the workspace. ## Output footer (REQUIRED on every generated record/letter) End every record with this block, verbatim: ``` --- **DRAFT - REVIEW REQUIRED** This leave analysis was generated as a starting template. It is not employment-law advice. Eligibility math is unforgiving and statute-driven. Before finalizing: 1. Verify federal FMLA AND state PFML / state FMLA-equivalent eligibility separately. 2. Verify wage-replacement coordination with state agency (CA EDD, NY DOL, etc.). 3. Verify health insurance continuation during leave. 4. Verify rights-and-responsibilities notice issued within 5 business days. 5. Verify medical certification scope is limited (no diagnosis, no full records). 6. If intermittent: confirm tracking method and 12-month reset rule match policy. 7. Have HR counsel review denials. Generated by Wayland business-hr plugin. Templates only - not employment-law advice. ``` --- > _Templates only - not employment-law advice. Have HR counsel review eligibility decisions and any denial._